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(a) Definitions. As used in these regulations:
(1) "Adult cabaret" means a night club, bar, restaurant or similar establishment in which persons appear in a state of nudity in the performance of their duties.
(2) “Permit” means a permit to operate an adult cabaret, issued pursuant to these regulations.
(3) “Nudity” means the showing of any of the following:
A. The human male or female genitals, pubic area or buttocks with less than a fully opaque covering;
B. The female breast with less than a fully opaque covering on any part of the nipple.
(b) Scope of Regulations. These regulations govern adult cabarets within the incorporated area of the City and the owners, operators, persons in charge and the employees of such establishments.
(c) Permit or License Required. No person shall engage in, conduct or carry on an adult cabaret or permit an adult cabaret to be engaged in, conducted or carried on, in or on premises owned or controlled by him, without a valid, current permit issued pursuant to these regulations. A separate permit is required for each location at which an adult cabaret is operated.
(d) Application for Permit or License.
(1) Application for an original or renewal permit or license shall be in writing, addressed to the City of Huron Building Department, Huron, Ohio.
(2) An application for a renewal permit or license shall be filed not later than thirty days prior to the expiration of the permit or license to be renewed.
(3) All applications shall be filed with the Building Official.
(4) A non-refundable filing fee shall be paid at the time of filing the application, as follows:
A. Three hundred dollars ($300.00) for an initial permit to operate an adult cabaret;
B. One hundred fifty dollars ($150.00) for a renewal permit to operate an adult cabaret.
(5) An application for an initial or renewal permit to operate an adult cabaret shall contain the following:
A. The address where the adult cabaret is operated, or is to be operated;
B. The status of the applicant as an individual, partnership or limited partnership, domestic or foreign corporation, or other entity;
C. The full name, residence address, date of birth and social security number of the applicant or the person applying on behalf of a partnership, corporation or other entity;
D. If the applicant is a partnership or limited partnership, the name of the partnership; the status of the partnership as a general or limited partnership; the state or other jurisdiction under which it is organized; the address of its principal office; the address of its principal office in Ohio; its federal identification number, the name and address of its statutory agent in Ohio; the full name, residence address, date of birth and social security number of each partner, and the status of each partner as a general or limited partner;
E. If the applicant is a corporation, the name of the corporation; the state or other jurisdiction under which it is organized; the address of its principal office; the address of its principal office in Ohio; its federal identification number, the name and address of its statutory agent in Ohio; and the full name, residence address, date of birth and social security number of each shareholder, if a corporation or a general or limited partnership, the same information shall be included for such shareholder as is required for an applicant that is a corporation or general or limited partnership;
F. The full name, residence address, date of birth and social security number of each person employed by the adult cabaret or whose employment is contemplated by the establishment and the capacity in which such person is or is to be employed;
G. A written statement that the applicant and, to the applicant's knowledge, the persons named in the application have never been convicted of or pleaded guilty to any offense other than a misdemeanor traffic offense, or a statement listing the offenses other than misdemeanor traffic offenses of which the applicant or any person named in the application has been convicted, including the offense, date of conviction and the name and location of the Court;
H. A written statement by the applicant for a permit to operate an adult cabaret that the Ohio Liquor Control Commission has never, pursuant to Ohio R. C. 4301.25, revoked a permit held by the applicant or any person or entity named in the application;
I. Authorization for an investigation into the background, including any criminal record, of the applicant and any person or entity named in the application, including authorization to conduct subsequent investigations to supplement or update the information;
J. The applicant’s agreement to abide by these regulations and the laws of Ohio, the City of Huron and any amendments, additions or reenactment thereof.
(e) Inspection and Investigation.
(1) Upon receipt of an application for a permit or renewal permit to operate an adult cabaret, the Building Official shall notify the state or local authorities designated by the City to conduct health and safety inspections of the specified premises and to determine compliance or noncompliance with applicable health and safety codes. Written reports of inspections shall be prepared by the inspectors and filed with the Building Official and shall become part of the application for a permit.
(2) Upon receipt of an application for a permit or renewal permit to operate an adult cabaret, the Building Official shall refer the applicant to the Huron Police Department to be fingerprinted and shall request that the Police Department conduct an investigation into the background of the applicant and into the background of other persons or entities named in the application. A written report of the results of the investigation shall be prepared by the investigating officer or agency and filed with the Building Official and shall become part of the application for a permit.
(f) Action on Application.
(1) The City shall act on the application within thirty days after the filing of the reports required by subsection (d). If the City finds that additional information, inspections or investigations are reasonably necessary to evaluate the application properly, it may order the applicant to file supplemental information or order supplemental inspections and investigations and postpone action on the application pending receipt of the supplemental information or reports.
(2) The application will be denied if:
A. The application is incomplete, contains any false information or fails to comply with these regulations;
B. The applicant for a permit or renewal permit to operate an adult cabaret has failed to cooperate with any required health or safety inspection or background investigation;
C. The applicant or any person named in the application for an initial or renewal permit to operate an adult cabaret within the past five years has been convicted of or pleaded guilty to an offense under Ohio R.C. Chapter 2907, or a substantially equivalent offense under a municipal ordinance in Ohio, or under the laws of another state or territory or of the United States or under a municipal ordinance in any such jurisdiction;
D. The operation of an adult cabaret at the specified premises would violate existing zoning restrictions;
E. The report of the health and safety inspections conducted pursuant to subsection (e)(l) reveals any unsanitary, unsafe or hazardous condition on the premises subject to the permit or renewal permit or any violation of applicable health or safety codes;
F. Any person employed at the licensed adult cabaret has been convicted of or pleaded guilty to a violation of Division C of Section 503.33 of the Ohio Revised Code.
G. The Liquor Control Commission of the State of Ohio has revoked, under Section 4301.25 of the Ohio Revised Code, a permit held by any one of the persons named in the application.
H. The applicant has violated these regulations or aided or abetted any violation of these regulations.
(3) If the application is denied, the Building Official shall promptly notify the applicant in writing of the order denying the application. If the City approves the application, the Building Official shall promptly issue to the applicant a permit or license, as the case may be.
(4) A permit or renewal permit to operate an adult cabaret shall contain the address of the permit premises, the name and address of the permit holder and the date of issuance and date of expiration of the permit.
(g) Expiration of Permit or License. A permit to operate an adult cabaret is valid for one (1) year and expires on the anniversary of the date of issuance, unless sooner revoked as provided in these regulations.
(h) Display of Permit. The permit to operate an adult cabaret shall be prominently displayed in an area of the premises open to the public.
(i) Revocation of Permit or License. The City may at any time revoke a permit or license issued pursuant to these regulations, on any of the same grounds listed in subsection (f)(2) for denial of the permit or license, including any such ground arising or discovered after issuance of a permit or license. The Building Official shall promptly notify the permittee or licensee in writing of the order of revocation.
(j) Inspections, Investigations and Physical Examinations.
(1) Health and safety inspections of permit premises shall be conducted at intervals of six (6) months after issuance or renewal of the permit, to insure continued compliance with health and safety codes. In addition the City may order health and safety inspections at any time there is reasonable cause to believe that an unsanitary, unsafe or hazardous condition exists on the premises. The Building Official shall notify the appropriate authorities or agencies to make such inspections at the designated times. Written reports of inspections shall be filed with the Building Official.
(2) City personnel or agents may at all reasonable times inspect permit premises to insure continued compliance with the laws of Ohio, the City of Huron and these regulations.
(3) At any time there is reasonable cause to do so, the City may order a background investigation, including criminal record, if any, of any permittee, person named in the application for a permit or employee of a permittee. Written reports of investigations shall be filed with the Building Official.
(k) Rules Governing Operation of Adult Cabarets.
(1) Adult cabarets shall close not later than 2:00 a.m. or not later than the closing time required under its permit to sell alcoholic beverages, whichever is later, shall not reopen earlier than 11:00 a.m. and shall not be in operation between closing and 11:00 a.m.
(2) All parts of the establishment shall at all times be maintained in a neat, clean, sanitary and safe condition.
(3) The owner, operator or person in charge of the establishment shall allow state or local authorities, including law enforcement officers, access to any and all parts of the premises for the purpose of making any health or safety inspection pursuant to these regulations and shall cooperate in any background investigation.
(4) No person under age eighteen shall be employed by or in any adult cabaret in any capacity, whether full-time or part-time, and with or without remuneration or compensation in any form.
(5) No adult cabaret shall be established or operated within five hundred (500) feet of the boundaries of any parcel of real estate having situated on it a school, church, library, public playground or park.
(6) The permittee shall file a list of employees with the Building Official and shall file an amended list at any time there is a change in personnel. The list shall state the name, address, date of birth, social security number and position of such employee.
(7) The owner, operator or person in charge of the adult cabaret shall exercise adequate supervision to insure the employees comply at all times with these regulations and the laws of the State of Ohio and the City.
(l) Rules Governing Conduct of Employees.
(1) No person under the age of eighteen shall accept or continue employment by an adult cabaret, in any capacity, whether full-time, part-time or as a volunteer and with or without remuneration or compensation in any form.
(2) Any employee of an adult cabaret shall cooperate with any background investigation under these regulations.
(3) No employee of an adult cabaret, in the performance of his or her duties, shall do any of the following:
A. Place his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage the genitals, pubic area, or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female;
B. Perform, offer or agree to perform any act that would require the touching of the genitals, pubic area or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female;
C. Uncover the genitals, pubic area or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female.
(m) Records. The Building Official shall keep a complete record of all documents and proceedings under these regulations, including without limitation, applications, reports, copies of permits and licenses issued, notices, correspondence, permittee employee lists, City Council proceedings, resolutions, orders and petitions. All documents shall be endorsed by the Building Official with the date of filing.
(n) Deposit and Use of Fees. Fees collected by the City for permits and licenses under these regulations shall be deposited in the General Fund to be first applied to the cost of administering and enforcing these regulations.
(p) Penalty. A violation of any portion of this Section 1126.14
shall be a misdemeanor of the first degree.
(Ord. 1998-39. Passed 12-7-98.)
(a) Purpose. To establish regulations for the safe and effective development for commercial self-service and mini-storage facilities and the operations permitted herein.
(b) Applicability. The development regulations established within this chapter are applicable to the following development criteria:
(1) A facility, building, or group of buildings where secured areas or self-contained units within the structure are rented, leased, or sold to individuals for storage of personal goods and other non-hazardous durable goods or wares.
(c) Location. The following regulations shall be used to regulate the location of commercial storage facilities:
(1) Commercial self-service and mini-storage facilities are permitted within any Industrial district within the city. In addition, no building within a storage development may be within 500 ft. of the district line of any residentially zoned district.
(2) If a proposed building would be within five-hundred (500) feet of a residential district, but is divided by either a Limited Access highway Right-of-Way or Railroad Right-of-Way, the five-hundred (500) feet restriction is waived.
(Ord. 2017-10. Passed 4-25-17.)
(d) Development Standards. Buildings within a commercial storage development must adhere to the following design standards:
(1) Setbacks.
A. No building may be placed closer to any side lot line than fifteen (15'). The Fire Department may, upon review, require the side setback to be increased for placement of an emergency fire access lane.
B. No building may be placed closer than thirty (30) feet to any front lot line.
C. No building may be placed closer than thirty (30) feet to any rear lot line.
D. Notwithstanding the foregoing, if a self-service storage or mini-storage building is located in either a light industrial district (I-1) or an industrial district (I-2), then the respective setback requirements for the industrial district shall apply to such building(s) provided, however, that the Huron Fire Department and any other City of Huron safety forces may, upon review, require the side setback to be increased for placement of an emergency fire access lane, for placement of a fire lane, or for adequate access and ingress and egress of safety forces.
(Ord. 2024-20. Passed 7-9-24.)
(2) Building Height. No building shall exceed 35 feet in height.
(3) Parking.
A. All parking spaces and drive aisles shall be designed in conformance with the dimension and building material requirements within Section 1133 Off Street Parking.
B. Parking areas may be no closer than 5 feet to the front property line. Any space between a parking area and the front lot line must be appropriately landscaped and screened in accordance with applicable regulations.
C. Parking areas may have a zero (0) ft. setback on any rear or side property line.
D. There shall be a minimum of one (1) parking space for every 1,000 square feet of ground floor area.
(4) Site Requirements.
A. No development site shall be less than 2 acres.
B. No more than 50% of the area of the site shall house structures or buildings above average grade elevation. No more than 75% of the site shall be developed with additional site amenities excluding landscaping.
(5) Utilities. Units less than 500 square feet in total ground floor area shall not be permitted to have plumbing hookups within each individual unit.
(6) Lighting. All lights shall be shielded to direct light onto the established buildings and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. All lights shall be mounted at a height not exceeding that of the building.
(e) Permitted Uses. Facilities may be used for the storage of personal goods and other non-hazardous durable goods or wares. Additional accessory uses may include the (1) sale of merchandise ancillary to storage business (such as moving supplies, locks, etc.) when operated by the company, corporation, or owner of the facility, (2) the renting or leasing of moving trucks; and, (3) establishing a satellite United States Postal Services or other consumer mail shipping/receiving services (UPS, Fed-Ex, etc.) within such facilities. No land, structure, or building shall be used for any of the following:
(1) Residential uses of any kind.
(2) Any commercial activity other than that explicitly permitted within this section.
(3) Storage of potentially hazardous materials.
(4) Exterior storage of any kind, except for recreation vehicles and trailered/dry-docked watercraft. Any exterior storage areas must be kept in a neat orderly fashion and must be screened on any side facing a property line. Screening must consist of solid block wall, opaque fencing, decorative stone, or a combination of fencing and dense landscaping. The screen must be a minimum of six (6) feet in height.
(f) Inspection. The Fire Department and Building Department shall have access to inspect the premises upon reasonable notification of the property owner. Any development shall be subject to inspection by the Fire Department and Building Department on a regular basis to ensure compliance with these and other city ordinances.
(g) Lease/Rental Agreement. Any lease or rental agreement between the property owner and lessee shall reference the existence of these and other pertinent City ordinances. Violations of any portion of this section may be served upon lessee, tenant, and/or owner of the property in question. (Ord. 2017-10. Passed 4-25-17.)
(a) Purpose. To establish limitations on any and all marijuana dispensary operations within the City and to establish reasonable and uniform regulations to minimize and control the negative secondary effects of such marijuana dispensaries within the City, all in order to promote the health, safety, and welfare of the citizens of the City.
(b) Applicability. The development regulationsestablishedwithinthischapterare applicable to the following development criteria:
(1) A facility, building, or group of buildings for the purpose of retail dispensing of marijuana in conformity with Chapter 751 of these Ordinances, ORC 3796 et seq., and ORC 3780 et seq.
(c) Location. The following regulations shall be used to regulate the location of any and all marijuana retail dispensary facilities that operate pursuant to and in conformity with Chapter 751 of these Ordinances, ORC 3796 et seq., and ORC 3780 et seq.:
(1) All marijuana retail dispensaries are conditionally permitted within any Industrial district within the city. In addition, no marijuana retail dispensary may be within 1000 feet from any parcel on which sits a school, church, public library, public playground or public park.
(d) Other Requirements. Any and all marijuana retail dispensaries shall comply with Chapter 751 of these Ordinances, ORC 3796 et seq., and ORC 3780 et seq. Only one marijuana retail dispensary shall be permitted within the City limits per this section.
(Ord. 2024-33. Passed 7-23-24.)
(a) Purpose. To establish limitations on industrial greenhouses within the City and to establish reasonable and uniform regulations to minimize and control the negative secondary effects of industrial greenhouses within the City including, but not limited to, interior light emissions, all in order to promote the health, safety, and welfare of the citizens of the City.
(b) Definitions.
(1) "Fully Shaded Luminaire" means a luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.
(2) "Glare" means lighting entering the eye directly from luminaires or indirectly from reflective surfaces that cause visual discomfort or reduced visibility.
(3) "Lamp" means a generic term for a source of optical radiation (i.e., "light"), often called a "bulb" or "tube." Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.
(4) "Light Pollution" means any adverse effect of artificial light including, but not limited to, glare, light trespass, sky-glow, energy waste, compromised safety and security, and impacts on the nocturnal environment.
(5) "Light Trespass" means light that falls beyond the property it is intended to illuminate.
(6) "Lighting" means "electric" or "man-made" or "artificial" lighting. See "Lighting Equipment."
(7) "Lighting Equipment" means equipment specifically intended to provide gas or electric illumination, including but not limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(es), and related structures, electrical wiring, and other necessary or auxiliary components.
(8) "Lumen" means the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption.
(9) "Luminaire" means the complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.
(10) "Mounting Height" means the height of the photometric center of a luminaire above grade level.
(11) "New Lighting" means lighting for areas not previously illuminated; newly installed lighting of any type except for replacement lighting or lighting repairs.
(12) "Owner" means any person, corporation, or firm that owns or operates an industrial greenhouse, including any agents or representatives of the owner.
(13) "Replacement Lighting" means lighting installed specifically to replace existing lighting that is sufficiently broken to be beyond repair.
(14) "Sky Glow" means the brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Sky Glow is caused by light directed or reflected upward or sideways and reduces one's ability to view the night sky.
(c) Interior Lighting.
(1) This section shall apply to all interior artificial lighting installed within industrial greenhouses for the purpose of extending the growing day and commercial atrium spaces which enhance the human experience and wellbeing within the City of Huron.
(2) As used in this section, unless the context clearly indicates otherwise.
A. Interior Lighting applications includes any indoor lighting device, fixture (luminaire), lamp, or similar device, permanently installed or portable, which is intended to provide illumination for either plant growth, visibility or decorative effects. Such device shall include, but not be limited to, wall, ceiling, suspended or cove for:
(i) Controlled Growth Environment
(ii) Circulation
(iii) Kiosks
(iv) Gathering Areas, Food Courts
(v) Special Events
(3) The provisions in this section are based on several documents. They include the Illuminating Engineering Societies Recommended Practices, International Dark Sky research, the new Well Being Standard and research from the agricultural industry.
(4) The use of interior lighting is necessary for enhanced plant growth, nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principal among these concerns is:
A. The degradation of nighttime visual environment by production of unsightly and dangerous glare;
B. Lighting practices the produce excessive glare and brightness that interferes with the health and safety of the City of Huron and visitors;
C. Unnecessary waste of energy and resources in the production of too much light or wasted light;
D. Interference in the use or enjoyment of property that is not intended to be illuminated at night by light trespass, and the loss of the scenic view of the night sky due to increased urban sky-glow; and
E. The impact of inappropriately designed interior lighting that disrupts nocturnal animal behavior.
(5) It is therefore the intent of this section to encourage lighting practices and systems which will:
A. Minimize light pollution, glare and light trespass;
B. Conserve energy and resources while maintaining night time safety, utility, security, and productivity; and
C. Curtail the degradation of the night time visual environment.
(d) Conformance with Applicable Codes. All interior lighting applications shall be installed in conformance with the provisions of this section and the applicable Electrical, Energy and Building Codes currently in effect in the City of Huron under appropriate permit and inspection.
(e) Applicability.
(1) Existing Buildings and Uses. Any new interior lighting applications installed in industrial greenhouses or atria shall meet the requirements of this section with regard to shielding.
(2) New Uses, and Major Additions or Modifications.
A. The requirements of this section apply to any and all new or major additions to land uses, developments, buildings, or structures.
B. If a major addition occurs on a property, the entire property shall comply with the requirements of this section. For purposes of this section, the following are considered to be major additions:
(i) Additions of 25 percent or more in terms of additional gross floor area, either with a single addition or with cumulative additions subsequent to the effective date of this section; or
(ii) Single or cumulative modification or replacement of interior legally installed lighting applications.
(3) Minor Additions or Modifications. Additions or modifications of less than 25 percent in terms of gross floor area shall require the submission of a complete inventory and site plan detailing all existing and any proposed new or modified interior lighting. Any new or modified interior lighting on the site shall meet the requirements of this section with regard to shielding.
(4) Change of Use. Except as provided in the City of Huron Building Codes (Nonconforming Interior Lighting), whenever the use of any existing building, structure or premise is intensified through the incorporation of additional gross floor space of 25 percent or more either with a single change or cumulative changes subsequent to the effective date of this section, then all interior lighting shall be reviewed and brought into compliance with the requirements for this section before the use is resumed to the maximum extent feasible as determined by the City Engineer.
(5) Abandonment. If a property or use with non-conforming lighting is abandoned, then all interior lighting shall be reviewed and brought into compliance with this section before the use or new use is resumed.
(f) Lighting Control Requirements.
(1) For industrial greenhouses with interior grow lighting, side wall block out curtains will be deployed at one hundred percent (100%) between sunset and sunrise during lighting operations.
(2) For industrial greenhouses with interior grow lighting, roof top block out curtains will be deployed at a minimum of ninety percent (90%) between sunset and sunrise during lighting operations.
(3) For industrial greenhouses, all interior lighting shall be fully shielded.
(4) For atria, all fixtures (luminaires) under the glass area shall be fully shielded.
(5) Lighting fixtures (luminaires) in atria shall be dimmed within thirty (30) minutes after the close of business or special event to the level of security lighting.
(6) Any noted system failures, or reported failures, will have seventy-two (72) hours for corrections before a warning is issued and a fine imposed, however, the City Manager or designee has the sole discretion to extend the seventy-two (72) hour time period at upon a showing of good cause.
(g) Plans and Documents.
(1) Interior Lighting submissions shall contain, but shall not be limited to the following:
A. Plans indicating:
(i) The location, number, type, position, elevation and mounting height of all interior Light Fixtures (luminaires);
(ii) The number and location of interior Light Fixtures (luminaires) to be equipped with automatic controls; i.e., photosensors, asymmetric clocks, building automation controls, or internet;
(iii) Any building design or other feature which may affect the nature, intensity or direction of light emission from interior Light Fixtures (luminaires); and
(iv) Any shading devices to be utilized, their opacity, area to be covered, and method of deployment and backup operation.
B. Description of and background information regarding all interior Light Fixtures (luminaires), including:
(i) Input power (in watts);
(ii) Light source;
(iii) Light distribution, horizontal and vertical planes;
(iv) Total lumens;
(v) Mounting details; and
(vi) Complete manufacturers ordering number, and cut sheet.
(2) The above required plans and descriptions shall be sufficiently complete to enable the City Manager or designee to readily determine whether the requirements of this section are met.
(3) If the plans and documents submitted do not enable the City Manager or designee to readily determine compliance with this section, further information will be requested from the owner to show evidence of compliance, such as reports of tests evidencing compliance.
(4) Once the submitted documents for Interior Lighting have been determined to be in compliance with this section, a permit will be issued.
(h) Enforcement and Penalties.
(1) The City Manager or designee is authorized and directed to perform all acts necessary and appropriate to enforce and to give effect to this section.
(2) Any penalty provided for as part of the industrial greenhouse site plan approval pursuant to Section 1126.05(f) of these Codified Ordinances shall supersede the penalties provide for in this section. To the extent there is no penalty set forth in the site plan approval, the following apply:
(i) The City shall order facility owner or management to shut off all interior grow lighting until the violations are corrected to the satisfaction of the City Manager or designee.
(ii) If the owner fails to comply as set forth in (i), the City Manager or designee shall suspend or revoke the owner's zoning permit and shut down the Facility until the violations are corrected to the satisfaction of the City Manager or designee.
(iii) The owner shall pay a civil penalty of $1,000 per day for each day a violation exists until corrected.
(3) In addition to the foregoing, every person, corporation or firm who violates any provision of this section shall be guilty of a misdemeanor of the first degree. Each and every day during which a violation continues shall be deemed a separate offense.
(4) Nothing in section (h)(2) above or Section 1126.05 of these Codified Ordinances prohibits the City from seeking such other penalties and remedies as are provided by Ohio law, including, but not limited to, seeking a court order to declare the property a public nuisance and order the nuisance abated or other action to abate or remove a violation.
(Ord. 2019-9. Passed 7-23-19.)
(a) Purpose. It is the purpose of this chapter to regulate the construction, modification, operation and abandonment by discontinuation of use of solar energy systems in the City of Huron, subject to reasonable conditions that will protect the public health, safety, and welfare while preserving the enjoyment of private property, promoting orderly land use, and development; allowing the safe, effective, and efficient use of solar energy systems. Solar energy systems shall be considered a permitted use in any zoning district, subject to the requirements of any other applicable chapter of this Code.
(b) Definitions.
(1) "Abandonment" means choosing to give up or discontinue use of the solar energy generation system in whole or part.
(2) "Alternating-current (ac) module" means a complete, environmentally protected unit consisting of solar cells, optics, inverter, and other components, exclusive of tracker, designed to generate ac power when exposed to sunlight.
(3) "Applicant" means the person or entity filing an application under this Chapter.
(4) "Array" means a mechanically integrated assembly of modules or panels with a support structure and foundation, tracker, and other components, as required, to form a direct-current power producing unit.
(5) "Facility owner'' means the entity or entities having equity interest in the solar energy facility, including their respective successors and assigns.
(6) "Ground mount" means a solar electrical system that is mounted directly to ground mounted structure instead of solely on a building wall or roof.
(7) "Operator" means the entity responsible for the day-to-day operation and maintenance of the solar energy system.
(8) "Solar cell" means the basic photovoltaic device that generates electricity when exposed to light.
(9) "Solar energy system (active or passive)" means the equipment, assembly or building construction and requisite hardware that provides and is used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating, electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. Such systems include Passive Solar Energy Systems that capture the Sun's energy in building design and construction components; Solar Thermal Energy Systems that convert sunlight to heat as in a hot water tank or swimming pool; and Photovoltaic Solar Energy Systems that convert sunlight to electricity.
(10) "Solar panel" means one of any type of assembly that produces energy, either electrical, heat or hot water for use or distribution include PV (Photovoltaic) an electrical device consisting of an array of connected solar cells, heat collectors and interstitial spaces including trombe panels, or hydronic panels for water heating systems.
(11) "Solar photovoltaic systems" means the total components and subsystems that, in combination convert solar energy into electrical energy suitable for connection to utilization load.
(c) Applicability.
(1) No person shall construct, erect, maintain, extend, or remove a solar system in any zoning district in the City without compliance with the provisions of this chapter and applicable related requirements of the entire ordinance.
(2) Solar energy systems constructed prior to the effective date of this chapter shall not be required to meet the requirements of this code; unless any physical condition or modification renders such system un-repairable or un-usable. If any pre-existing solar energy system is damaged or destroyed such an extent that is cannot be returned to original service, or any such damage or modification creates an unsafe condition it shall be replaced or removed in conformity to this chapter and pursuant to Section 1121.07.
(3) Like-kind replacements of panels shall require applicable electrical or general building permits.
(4) Like-kind replacements of entire ground-mount solar energy systems shall require proper zoning approval and applicable electrical/building permits. Existing installations shall provide emergency disconnect locations to the City of Huron Building Department.
(d) Contents of Application.
(1) Solar structures shall only be an accessory use in residential (R) and commercial (B) zoning districts. Ground-mounted solar panels are a conditional accessory use at any residential or non-residential building, excluding Industrial (I) zones, where they are permitted by right. In all districts, solar equipment including solar panels, may be located on the roof in compliance with all requirements of this Code including building height and screening, after approval by the Design Review Board. Nothing in this regulation shall preclude standalone systems for small accessory lighting, ventilation or battery storage systems either roof or ground-mounted not to exceed twelve (12) square feet.
(2) An application for a solar energy system shall be approved in compliance with the standards and criteria of this Chapter and shall include:
A. A narrative describing the proposed solar energy system including the approximate generating capacity of the project and the number, manufacturer, and model of the solar panels to be installed, their individual generating capacity and a description of ancillary systems.
B. A site plan to scale of the subject property showing the planned location of the solar panels, setback lines, proposed and existing ancillary equipment buildings, and structures. For systems with more than thirty-five percent (35%) of roof area facing the street, elevation(s) shall be provided to scale.
C. Certified approval from the Homeowners Association (HOA) and/or an approval letter from the HOA legal representative, if applicable.
(e) Design and Performance Standards.
(1) Lighting. Solar energy systems shall be lit only if required by an applicable authority. Lighting of other parts of the solar energy systems, such as appurtenant structures shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting structures.
(2) Appearance and Signage. The factory or original equipment manufacturer identification and/or logo are permitted. Required signage and emergency services disconnect placard shall be appropriate warning signs (Danger-High Voltage or Caution-Electrical Shock Hazard or any other recognized safety precaution signage) installed at the base of the solar array.
(3) Construction Codes. To extent applicable, the solar system shall comply with the Ohio Building Code and any other applicable building and fire codes.
(4) Electrical Codes. Permit applications for solar energy systems shall be accompanied by a line-drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for determination that the manner of installation conforms to all relevant and applicable local, state, and national codes, including the current national electric code NEC (NFPA 70). Solar energy systems interconnected to local utility shall have/ provide surge and lightning arrestors. All solar energy systems shall be grounded to reduce lightning strikes. All electrical lines and utility wires shall be buried underground.
(5) Utility Notification. Permits for solar energy systems shall not be issued until evidence has been provided that the utility company approves the customer's intent to install an interconnected customer-owned generator. Applicant shall supply the letter of approval from the utility company at the time of application.
(6) Completion. A solar energy system installation shall commence within six months of the issuance of the zoning permit and shall be completed and operational within one year from the date of commencement of installation. Commencement of installation shall be the date the solar panels are placed into position. If the solar energy system is not completed within the stated time period, the facility owner or operator or the landowner shall be required, at his or their expense, to complete decommissioning of the site within 180 days without exception.
(7) Solar Access Easements. Ohio R.C. 5301.63 sets forth the requirements for solar access, for the pwpose of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement. Such easements shall be in writing and subject to the same conveyance and recording requirements as other easements. Any instrument creating a solar easement shall be recorded in the Erie County Recorder's Office.
(8) Installation. Solar Panels must be installed in accordance with the manufacturer's design and operation standards, as well as all local county, state, and federal guidelines. Reasonable access for emergency response shall be provided to all solar systems and components including a twenty-four (24) inches clear area around all flat-roof or ground-mounted solar array(s).
(9) Roof-Mounted. Roof-mounted solar energy systems shall be permitted in all zoning districts provided the roof-mounted solar system meets all other requirements of the zoning and building regulations, including design review, and all applicable local and state fire and building codes. Pitched roof-mounted arrays shall be parallel to the roof. The distance between the roof and the uppermost portion of the solar panels shall not exceed eighteen (18) inches. Pitched-roof-mounted solar systems shall not be located within twelve (12) inches of the edge of the roof. Roof-mounted panels on a flat roof shall not project vertically more than five (5) feet from the surface of the roof and shall be buffered as prescribed by the Zoning Code.
(10) Ground-Mounted.
A. Ground-mounted solar panels located on the ground or attached to a framework located on the ground shall not exceed fifteen (15) feet in height above the adjacent grade.
B. All related mechanical equipment, other than the actual photoelectric panels shall be fully buffered from the adjacent properties by fencing and/or by evergreen plantings as prescribe by city ordinance and must be maintained and effective through the life of the system. Buffering shall permit work access to panel and shall conform to Chapter 1131.
C. Ground-mounted solar panel arrays shall not exceed thirty percent (30%) of the remaining rear yard area within the setbacks defined by other chapters of the Zoning Code.
D. Non-Residential. Ground-mounted solar energy systems shall be permitted by right in all Industrial (I) Zones. Any proposed ground-mounted solar energy system may be located within any yard subject to applicable setback requirements for accessory structures and front setback requirements for principal structures within the designated I District.
E. Residential. No ground installations are permitted by right. Any proposed ground-mounted solar panels are conditional uses based on full compliance with this Zoning Code and approval from the Board of Building and Zoning Appeals.
(i) If approved, ground-mounted solar energy systems shall not be permitted in the front or side yard of a residential property. It shall be permitted in the rear yard of a residence. Such equipment shall be subject to the applicable rear yard coverage regulations and setbacks for accessory structures in residential districts as set forth in Section 1121.06 or other prevailing chapters of the Zoning Code.
F. Commercial and Retail Business. No ground installations are permitted by right in Business (B) Zones. Any proposed ground-mounted solar panels are conditional uses based on full compliance with this Zoning Code and approval from the Board of Building and Zoning Appeals.
(i) If approved, ground-mounted solar energy systems shall not be permitted in the front or side yard of a residential property. It shall be permitted in the rear yard of a residence. Such equipment shall be subject to the applicable rear yard coverage regulations and setbacks for accessory structures in residential districts as set forth in Section 1121.06 and/or other prevailing chapters of the Zoning Code.
(f) Fees. See Chapter 1321 for the fee schedule pertaining to conditional use, accessory structures, and electrical fees.
(g) Abandonment.
(1) At such a time a solar energy system is scheduled to be abandoned or operation is to be discontinued, the applicant will notify the Building Official and Planning Department of the proposed date of abandonment or discontinuation of use. If applicant fails to notify either department, then in that event the provisions contained under subsection (g)(2) herein below shall apply.
(2) Upon abandonment or discontinuation of use, the owner shall physically remove the solar energy system within 180 days from the date of abandonment or discontinuation of use. This period may be extended sixty (60) days at the request of the owner but only upon the approval of the Building Official. "Physically remove" shall include, but not be limited to:
A. Removal of the solar energy system and related above grade structures.
B. Restoration of the location of the solar energy system to its natural condition, except that any landscaping, grading may remain in the after-conditions.
(3) In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous six-month period. After the six-month period of inoperability, the Building Official shall issue a Notice of Abandonment to the owner and operator of the solar energy system and, if residential, the property owner. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from Notice receipt time. The Building Official shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been abandoned.
(4) If the owner fails to respond to the Notice of Abandonment or if after review by the Building Official it is determined that the solar energy system has been abandoned or use discontinued, the owner of the solar energy system shall remove the system at the owner's sole expense within sixty (60) days of receipt of the Notice of Abandonment. An extension may be granted to the applicant for just cause by the Building Official.
(h) Severability. Should any section, subdivision, clause, or phrase of this chapter be declared by the courts to be invalid, the validity of the chapter as a whole, or in part, shall not be affected other than the part invalidated.
(Ord. 2022-60. Passed 1-10-23.)
(a) Purpose. The purpose of this section is to preserve and protect the public health and safety and to promote the orderly land use and development in the City of Huron by the implementation of standards and procedures by which the installation and operation of Wind Energy Conversion Systems (WECS) (wind turbines) shall be governed as a conditional use in any zoning district of the City.
(b) Definitions.
(1) A wind energy conversion system (WECS) includes any or all of the following components:
A. A turbine with propeller type blades;
B. A vertical rotor;
C. Other means of capturing the energy of the moving air;
D. A tower or a mounting structure;
E. An electrical power generator with associated electrical power transmission circuitry;
F. A battery or other means of storing energy;
G. Other means of transmitting energy (hydraulic, mechanical, etc.);
H. Mechanical control mechanisms;
I. Electrical/electronic/computer circuitry;
J. A foundation;
K. Enclosures.
(2) Total height means the distance measured from ground level to the blade extended at its highest point or to the top of the tower, whichever is the highest.
(3) Small wind energy conversion system means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which will be used primarily to reduce on-site consumption of electrical power.
(4) Windmill rotor means that portion of the windmill which includes the blades, hub and shaft.
(5) Windmill tower means the supporting structure on which the rotor, turbine and accessory equipment are mounted.
(6) Commercial wind energy conversion system means a wind energy conversion system consisting of more than one wind turbine and tower, and a wind energy conversion system which will be used primarily for off-site consumption of electrical power.
(7) Wind turbine means a wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator or rotor; and includes the turbine, rotor, blade, tower, base and pad transformer (if any) in addition to the wind energy conversion systems designed to mount directly on the roof of existing buildings including residences.
(8) Applicant means the person or entity filing an application for a conditional use permit under this section.
(c) Applicability.
(1) This section is applicable to all Wind Energy Conversion Systems (WECS), small and commercial; and Wind Turbines as defined in this section which are proposed to be constructed or located after the effective date of this section.
(2) Wind Energy Conversion Systems and Wind Turbines constructed or located prior to the effective date of this subsection shall not be required to meet the provisions of this subsection provided that any physical modification to such pre-existing Wind Energy Conversion System (WECS) or Wind Turbine that materially alters the size, type and number of any such WECS or Wind Turbine shall require compliance with this subsection. If any preexisting WECS or Wind Turbine is destroyed or damaged to the extent of more than fifty percent (50%) of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this section.
(d) Permit Requirement.
(1) No Wind Energy Conversion System, small or commercial, or Wind Turbine shall be constructed or located within the City of Huron unless a conditional use permit has been issued to the applicant.
(2) The conditional use permit application shall be made in compliance with this subsection and be accompanied with a fee for appearances before the Board of Building and Zoning Appeals.
(3) Any physical modification to an existing and permitted Wind Energy Conversion System or Wind Turbine that materially alters the size, type and number of such WECS shall require a permit modification under this subsection. Like-kind replacements shall not require a permit modification.
(4) An applicant who proposes to construct or locate a Wind Turbine, as defined in this subsection, on the roof of an existing structure shall be required to apply for a conditional use permit and request a variance from the Board of Building and Zoning Appeals.
(e) Small Wind Energy Conversion System Requirements.
(1) Permitted Locations. A small wind energy conversion system is permitted in any zoning district.
(2) Setbacks; Property lines. A small wind energy conversion system or tower shall be set back from the nearest property line, public road right-of-way and communication and electrical line not less than 1.0 times its total height.
(3) Design Standards.
A. Monopole or Freestanding Design. The design of the small wind energy conversion system or tower shall be of a monopole or freestanding design without guy wires.
B. Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be thirty (30) feet above the ground or thirty (30) feet above any structure or obstacle within fifty (50) feet of the tower.
C. Access. No tower shall have a climbing apparatus within fifteen (15) feet of the ground. All access doors or access ways to towers and electrical equipment shall be able to be locked.
D. Noise. No small wind energy conversion system shall generate sounds exceeding sixty (60) dBA as measured at 100 feet from the tower. Noise generated from any small WECS shall also comply with existing City noise ordinance.
E. Visual Appearance. Small wind energy conversion or tower systems shall be finished in a rust-resistant, non-obtrusive finish and color that is non-reflective. No small wind energy conversion system or tower shall be lighted unless required by the FAA. No flags, streamers, decorations, advertising signs of any kind or nature whatsoever shall be permitted on any small wind energy conversion system and/or tower.
F. Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.
G. Signal Interference. Efforts shall be made to site small wind energy conversion systems, or towers, to reduce that likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy conversion system or tower owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy conversion system or tower shall cause permanent and material interference with television or other communication signals.
(f) Permit Applications. Application for a small wind energy conversion system and/or tower shall include the following information:
(1) Site plan to scale showing the location of the proposed small wind energy conversion system and/or tower and the locations of all existing buildings, structures and property lines, along with distances; and,
(2) Elevations of the site to scale showing the height, design and configuration of the small wind energy conversion system and the height and distance to all existing structures, buildings, electrical lines and property lines; and
(3) Standard drawings and an engineering analysis of the systems tower, including weight capacity; and,
(4) A standard foundation and anchor design along with soil conditions and specifications for the soil conditions at the site; and,
(5) Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of the system; including, the name and address of the manufacturer, model and serial number; and,
(6) Emergency and normal shutdown procedures; and,
(7) A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes; and,
(8) Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator; unless, the system will not be connected to the electricity grid.
(g) Commercial Wind Energy Conversion System Requirements.
(1) Permissible Locations. A commercial wind energy conversion system may be permitted as a conditional use (special exception) in all commercial and/or Industrial Districts.
(2) Setbacks.
A. Property lines. A commercial wind energy conversion system shall be set back from the nearest property line and public road right-of-way not less than 1.0 times the total height of installation.
B. Other Uses. No commercial wind energy conversion system shall be located within 1,000 feet of a platted subdivision, park, church, school or playground.
C. Inhabited Structures. A commercial wind energy conversion system shall be set back from the nearest inhabited building, power line or communication line, not less than 1.0 times its total height.
(3) Design Standards. A commercial wind energy conversion system shall comply with the design standards set forth for small wind energy conversion systems in this section.
(4) Permit Applications. A commercial wind energy conversion system shall comply with the permit application requirements set forth for small wind energy conversion systems in this section.
(5) Commercial Wind Energy Conversion Systems shall not be permitted without approval by the Planning Commission .
(h) Non-Use.
(1) Any small wind energy conversion system, commercial wind energy conversion system or tower which complies with the terms of this section which is not used for two (2) years, excluding repairs, shall be removed within six (6) months most closely following the two (2) year period. Failure to remove the system shall be deemed a violation of this subsection.
(2) Any small wind energy conversion system or commercial wind energy conversion system which is non-conforming and which is not used for one (1) year, excluding repairs, shall be removed within six (6) months most closely following the one (1) year period. Failure to remove the system shall be deemed a violation of this subsection.
(Ord. 2023-54. Passed 1-23-24.)